Definitions
“Acorn”: Acorn Occupational Health Ltd, the provider of occupational health services, equipment, personnel, and related activities as specified in this agreement.
“Client”: The individual, company, or organisation that enters into a contractual agreement with Acorn Occupational Health Ltd to receive occupational health services.
“Agreement”: Refers to these Terms and Conditions and any accompanying documents outlining the services to be provided by Acorn and the obligations of both parties.
“OHN (Occupational Health Nurse)”: A registered nurse with expertise in workplace health and wellbeing, responsible for delivering occupational health services as per the contract.
“OHA (Occupational Health Advisor)”: A qualified health professional providing advice, guidance, and practical services on health issues in the workplace.
“OSN (Occupational Health Screening Nurse)”: A nurse specialised in health screening activities, responsible for conducting health assessments to ensure compliance with relevant health and safety laws.
“OHT (Occupational Health Technician)”: A healthcare professional trained to perform specific medical and screening tests under the direction of a nurse or physician.
“OHP (Occupational Health Physician)”: A qualified medical doctor with specialised training in occupational health, responsible for medical assessments and advice related to workplace health.
“Physiotherapist”: A registered healthcare professional who provides treatment to promote movement, reduce pain, and prevent disability, particularly in the workplace setting.
“BACP Accredited Counsellor”: A professional counsellor accredited by the British Association for Counselling and Psychotherapy (BACP), who provides mental health and wellbeing services to employees.
“Health Surveillance”: A regular, systematic process of health checks on employees to detect early signs of work-related health issues, particularly in high-risk roles.
“Medical Records”: Records containing an individual’s health data collected during health surveillance or medical assessments, including reports, tests, and diagnoses.
“Health Record”: A summary document provided after health surveillance that confirms what surveillance has taken place and includes a statement of fitness for work. It is distinct from a full medical record and is the responsibility of the employer.
“Data Subject”: An individual whose personal data is being collected, processed, or held, as defined under the General Data Protection Regulations (GDPR).
“Orchid”: The electronic health record system used by Acorn to manage health data and records for employees under the care of Acorn.
“Site Health Need Assessment”: An assessment conducted to determine the specific occupational health needs of a worksite, supplemented by the client’s risk assessments, which helps ensure compliance with health and safety regulations.
“Management Referral”: A referral made by the client to Acorn for a medical or occupational health assessment of an employee, generally to assess fitness for work, workplace adjustments, or rehabilitation.
“Health Surveillance Questionnaire”: A pre-appointment document completed by employees that gathers information on health status relevant to workplace health risks.
“General Data Protection Regulation (GDPR)”: The legal framework governing the collection, storage, processing, and protection of personal data within the European Union (EU), as well as the rights of individuals (Data Subjects) to access their data.
“Confidential Information”: Any proprietary or sensitive information, including medical records and data, shared between Acorn and the client, that is protected under the terms of this Agreement.
“Personal Data”: Any information relating to an identified or identifiable individual (Data Subject) that is processed in accordance with GDPR.
“Control of Substances Hazardous to Health (COSHH) Regulations, 2002”: Legislation aimed at protecting workers from health risks due to exposure to hazardous substances.
“Control of Vibration at Work Regulations, 2005”: Regulations to protect workers from risks to health caused by vibration during work activities.
“Control of Noise at Work Regulations, 2005”: Legislation aimed at protecting employees from risks to hearing from excessive noise levels in the workplace.
“Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), 1995”: Legislation requiring employers to report certain workplace injuries, diseases, and dangerous incidents to relevant authorities.
“Data Controller”: The organisation (in this case, the client) that determines the purposes and means of processing personal data in compliance with GDPR.
“Health and Safety at Work Act, 1974”: UK legislation establishing the framework to protect the health, safety, and welfare of employees in the workplace.
“BACS (Banks Automated Clearing System)”: The payment method preferred by Acorn for receiving payments from the client for services rendered.
“Termination”: The process by which either party (Acorn or the Client) may end the contractual agreement, subject to the terms outlined in this Agreement.
“Premium Rate Charges”: Additional costs incurred for services provided by Acorn outside normal working hours, or for services exceeding an 8-hour workday.
“Working Days”: means a day other than Saturday, Sunday or a public holiday in England
Terms and Conditions
Responsibilities of Acorn Occupational Health Ltd
1) To provide a competent Account Manager/ Occupational Health Nurse (“OHN”)/ Occupational Health Advisor (“OHA”)/ Occupational Health Screening Nurse (“OSN”)/ Medical Technician (“MT”)/ Occupational Health Physician (“OHP”)/ accredited Physiotherapist/ BACP accredited counsellors to deliver the services offered by Acorn Occupational Health Ltd “Acorn”.
2) To provide a designated OHN/OHA/OSN/MT to the client in the interest of continuity.
3) To provide where operationally possible, replacement personnel in the event of sickness absence or holidays.
4) To provide prior notice of the holidays to be taken by the designated OHN/OHA/OSN/MT.
5) To provide where operationally possible, prior notice of the replacement personnel in the event of sickness absence or holidays where possible.
6) To provide fully maintained and calibrated medical screening equipment necessary to perform the services to which it is contracted.
7) All medical consumables, disposables and stationery necessary to perform the contracted services will be provided by Acorn. Laboratory fees, cholesterol and glucose strips will be charged as extras (if applicable). Acorn will seek approval from the client for any additional fees related to laboratory analysis and consumables.
8) To provide appropriate Health Surveillance reports to the clients which include recommendations and advice with regard to the Health and Safety at Work Act, 1974 and other legislation such as Control of Substances Hazardous to Health (COSHH), 2002, The Control of Vibration at Work Regulations, 2005, The Control of Noise at Work Regulations, 2005 and Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), 1995.
9) Where Health Surveillance is undertaken a Health Record will be provided via Orchid which includes a statement of fitness, this record must be kept for 40 years and this is the responsibility of the employer (Health and Safety Executive 2024).
10) To provide anonymous management statistics where appropriate and requested.
11) To arrange management referrals by an OHN/OHA/OHP as appropriate. These will be conducted at an agreed clinic location, during a site visit or telephone consultation by an OHN/OHA/OHP at the client company’s discretion, as appropriate.
12) To arrange management referrals with other healthcare professionals such as OHPs, physiotherapists and counsellors where appropriate and when requested/actioned by the client.
13) If the mutually agreed attendance date becomes unattainable to arrange a convenient alternative.
14) To provide the employee (Data Subject) with a copy of their medical records within 30 days of receiving a written request to access their data in compliance with the General Data Protection Regulations (GDPR), (Article 15).
15) Acorn will record all telephone calls and consultations unless explicitly requested not to do so. It is the responsibility of the Client to inform Acorn in advance if an employee does not wish for their call or consultation to be recorded.
Responsibilities of the Client
1) To provide a private, quiet, convenient and suitable location for the Acorn nurse/technician at each site with hand washing/toilet facilities.
2) To provide internet access to the Acorn clinician in order to allow Acorn access to the ‘Cloud’, thus ensuring security of sensitive data.
3) To ensure that your employees who are undertaking health surveillance have completed the relevant health surveillance questionnaires prior to their appointment and have been provided with the Acorn Privacy Notice.
4) Where applicable, provide a locked filing cabinet in a locked room for the storage of paper medical records that are to be kept on your site, in the appropriate confidential manner acceptable under the General Data Protection Regulations (GDPR). This means that the occupational health professional alone will hold the keys to the filing cabinet. Alternative arrangements can be made to sort and scan all paper medical records to create an electronic storage system at a cost to the client. This is priced on application.
5) The client company must respect the right of Acorn personnel to honour the employee’s right of confidentiality, especially in relation to any matters where the right of disclosure has not been granted and in matters of a non-occupational nature.
6) The client reserves the right of ownership for all medical reports, records and results upon the expiry or termination of this agreement. In this situation, an official handover of the medical notes to an alternative medical professional would need to be arranged by the client.
7) To provide sufficient administration time for the nurse/technician to keep the medical records stored on Orchid to an acceptable standard.
8) The client must regularly provide Acorn with a list of new starters and leavers so that Acorn can ensure data accuracy with regard to Orchid and medical record storage.
9) To provide additional administration time to archive the medical records of leavers at the appropriate agreed length of time in accordance with (GDPR, Article 5, (e)).
10) To utilise the Orchid dashboard to ensure the accuracy of personal employee data.
11) To ensure the appropriate level of Orchid access rights for those that require access to the Orchid dashboard.
12) To provide the employees (Data Subjects) with a copy of Acorns Privacy Notice, which provides the employee with information on who the controller is, what data is being collected and processed, for what purpose and a justification, as well as our data retention policy in accordance with General Data Protection Regulations (GDPR, Article, 6).
13) The client company is required to provide Acorn personnel with a 15-minute break in both the morning and afternoon and a 30-minute lunch break during a normal 8-hour working day.
14) To read the occupational health surveillance or management referral report and to act accordingly to any advice, instruction or recommendations.
15) To book with Acorn any further reviews and referrals as recommended within the occupational health surveillance or management referral reports.
16) The Control of Substances Hazardous to Health (COSHH), 2002 (Regulation 11.9), the Controlling Noise at Work, 2005 (Regulations 9.4) and the Hand-Arm Vibration, 2005 (Regulation 9.5) stipulate that an employer should carry out the following health surveillance.
‘Where, as a result of health surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor or other occupational health professional to be the result of exposure to a substance hazardous to health the employer of that employee shall:
- Ensure that a suitably qualified person informs the employee accordingly and provides the employee with information and advice regarding further health surveillance.
- Review the risk assessment
- Review any measure taken to comply with regulations, taking into account any advice given by a relevant doctor, occupational health professional or by the Executive
- Consider assigning the employee to alternative work where there is no risk of further exposure to that substance, taking into account any advice given by a relevant doctor or occupational health professional, and
- Provide for a review of the health of any other employee who has been similarly exposed, including a medical examination where such an examination is recommended by a relevant doctor, occupational health professional or by the Executive.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR, 1995 (Regulations 5) requires employers to report cases of certain diseases which are linked with specific work activities.
17) In the case of paper medical records stored at the client’s site, it is the client’s responsibility to reimburse any administration and travel cost to Acorn for copying and providing your employee (Data Subject) with a copy of their medical records. The employee (Data Subject) has the right (GDPR, Article 15) to access their personal data, easily and at reasonable intervals, free of charge and not later than 30 days after receipt of the written request. Any subsequent requests are chargeable to the employee (Data Subject).
18) To inform the employee (Data Subject) that Acorn record any telephone consultations.
19) Following Health Surveillance, the client will be provided with a document called a ‘Health Record’. The employer is responsible following health surveillance covered by Control of Substances Hazardous to health (COSHH) 2002, Control of Vibration at Work 2005 and Control of Noise at Work Regulations 2005 law for maintaining the individual Health Record. The purpose of this document is to prove what health surveillance has been undertaken for each employee (these are not to be confused with medical records).
20) A Site Health Need Assessment is recommended for each client’s site, this is an assessment of health needs such as health surveillance and health screening, in line with current HSE (Health and Safety Executive) legislation requirements and guidance, and will provide the employer with a guide of what is required. A Site Health Need Assessment should not be confused with a risk assessment. A Site Health Need Assessment is to compliment the client’s risk assessment.
21) The client is responsible for training their employees with regard to workplace hazards and risk.
22) The client shall not in any way attempt to secure the services of an Acorn employee other than as an employee of Acorn. This shall be in full force and effect for six months, commencing with the date of employment termination of the Acorn employee.
23) It is Acorn’s policy that all calls are recorded for training and monitoring purposes. The client is required to inform all its employees of this fact.
24) It is the client’s responsibility to source a translator for any of their employees when appropriate for effective communication during their assessment.
Responsibilities of the Client – Specific to the Mobile Unit
1) To provide a quiet, flat area with a hard surface at each site on which to park Acorn’s mobile screening unit. The area needs to be at least the equivalent size of four car parking spaces to accommodate the mobile unit, which is 28ft long. There must be an accessible electrical connection, and a normal 3-pin, 240V electrical supply is required. We have ample extension cables on board the unit.
2) To inform all employees who enter Acorn’s mobile unit to switch off all mobile telephones which can otherwise interfere with the hearing tests.
3) To inform all employees entering and leaving the unit, or waiting for their test be as quiet as possible to avoid any interference with the hearing tests.
4) To inform all employees to remove overalls and work boots before entering the mobile unit or to wear overshoes.
Joint Responsibilities
1) All intellectual property and other proprietary rights in Confidential Information are reserved by the Disclosing Party, and no rights or obligations other than those expressly recited herein are granted or to be implied from these terms and conditions. In particular, no licence is hereby granted directly or indirectly to the Receiving Party under any invention, discovery, patent, copyright or other intellectual property or proprietary right now or in the future held, made, obtained or licensable by either Party. Nothing in these terms and conditions or their operation shall preclude, impair or restrict either Party from continuing to engage in its business otherwise than in breach of these terms and conditions.
Note: Under General Data Protection Regulations (GDPR), it is an offence to unlawfully access an employee’s medical records.
2) General Data Protection Regulations (GDPR, Article 5 (e)) stipulate that the employee’s (Data Subject) information should not be kept for longer than necessary. An employer usually retains medical records for the duration of employment plus 6 years following termination of employment or 75 years of age. Specific law requires other occupational health records to be kept for longer. Health Surveillance records must be retained securely and confidentially according to the appropriate regulations. This can be up to 50 years from the last entry in the notes.
3) Both parties will agree to implement a system for the administration and control of documents/medical records and a method of destruction of these documents when appropriate in accordance with General Data Protection Regulations (GDPR).
4) Retention of Data
Acorn will agree with the customer (the employer) a time frame for destruction. This is usually for the duration of employment plus 6 years following employment or 75 years of age.
https://digital.nhs.uk/data-and-information/looking-after-information/data-security-and-information-governance/codes-of-practice-for-handling-information-in-health-and-care/records-management-code-of-practice-for-health-and-social-care (Page 71)
Specific conditions are as follows:
- Ionising Radiation Records – 30 years
- Health Records – Are the responsibility of the Employer and must be kept for 40 years
Specific storage times for clinical notes, records and questionnaires are as follows:
- Health Surveillance (COSHH, Noise, Vibration, Biological Monitoring) – 10 years maximum if paper records stored at Acorn. 1 year maximum if Acorn stores the records and no longer provides a service for the client
- Health Screening (Fit for Task Medicals) – 10 years maximum if paper records are stored at Acorn. 1 year maximum if Acorn stores the records and no longer provides a service for the client
- Vaccination consents – 1 year
- Post job offer forms – Can be destroyed immediately if the potential employee never starts with the company through their own choice. Destroyed after 1 year if Graded A or B. Destroyed after 2 years if graded C, Destroy after 3 years if the employee was turned down due to a medical reason or Graded D.
- Management Referral – – 10 years maximum if paper records stored at Acorn. 2 years maximum if Acorn store the records and no longer provide a service for the client.
However, it is advised that records of significant episodes, exposures or accidents should be preserved beyond the above time periods.
A request to delete personal information will be considered and actioned. However, the request to delete information may be declined if the personal information is governed by legislation or other exceptional circumstances.
Acorn is no longer providing a service
If Acorn no longer provides a service for your company, they will no longer have any responsibility for any medical records kept at your site or electronically. A transfer of these medical records can be handed over or transferred electronically to another Occupational Health provider or medical personnel.
If Acorn no longer provides a service for your company, they will provide a CSV electronic format of your electronic medical records to your new occupational health provider or medical personnel. If there is no handover to another occupational health provider or medical personnel, we will retain your electronic data for 12 months before deleting this sensitive data. If the electronic medical records are required to be transferred in a specific format and require manipulation, this will incur a cost.
5) It is best practice at the beginning of a contract or at intervals where significant change has occurred to conduct a Site Health Need Assessment and to implement any recommendations.
6) To arrange contract review meetings at an agreed frequency.
General Financial Conditions
1) Acorn will issue invoices for completed work packages for payment within 30 days of the invoice date. The preferred method of payment would be by the Banks Automated Clearing System (BACS).
2) Purchase Orders must be provided prior to all of the work carried out by Acorn for the client.
3) Cancellation Charges
Health Surveillance / Health Screening
Management Referrals
With regard to management referrals and related services, such as but not restricted to OHP services, OHN services, GP reports, counselling and physiotherapy, in the event of a cancellation of work by the client 5 working days or more before the appointment, a 0% cancellation charge will be applied. For any cancellations by the client between 2-4 working days before the appointment, a 50% cancellation charge will be applied. For any cancellations less than 2 full working days before the appointment, or if the employee does not attend, a 100% cancellation charge will apply. This cancellation must be done in writing, and proof of receipt must be acquired from a member of Acorn by the client company.
4) In the event that work is carried out after 6 pm by Acorn for a client, a premium rate of £375+VAT will be charged in addition to the daily rate for nurses and technicians. The equivalent charge for the mobile unit is £750+VAT. Similarly, if work is required to start before 7 am for a client, a premium rate of £375+VAT will be charged in addition to the daily rate for nurses and technicians. The equivalent charge for the mobile unit is £750+VAT.
5) In the event that work is carried out by Acorn for a client and the work exceeds the normal 8-hour working day (including the required 1 hour of breaks), Acorn is obliged to charge the client company for the extra time worked.
6) If home visits are required by a nurse during a normal working day with the client, the client will be liable for a charge to cover the cost of the associated travel expense incurred by Acorn personnel.
7) When required to attend the home of an employee, if the risk assessment deems it essential that a chaperone is required, it is the responsibility of the client to provide the chaperone.
7) If a client does not wish to store paper medical notes on their premises, Acorn will charge a fee for the sorting and scanning, and, when appropriate, the destruction of these paper medical records in accordance with the agreed medical record retention policy and General Data Protection Regulations (GDPR), where applicable.
10) All quotations are provided, and all orders are accepted on the terms outlined in this contract, which shall prevail over any other terms and conditions of the client and any other representations made by any party prior to the contract.
11) Any additional administration time provided by Acorn to assist you with complying with General Data Protection Regulations (GDPR) will be charged at an agreed rate.
12) No modifications of these terms and conditions shall be effective unless made by an express written agreement between Acorn and the client.
13) Any distances in excess of 20 miles from the OHA/OHN/MT home address to the client’s site will be charged to the client at 45p per mile. No mileage costs will be charged to the client for the first 20 miles of the total distance of the journey.
Termination and Exclusivity
Exclusivity
The Client agrees to procure occupational health services exclusively from Acorn Occupational Health Ltd for the duration of this Agreement. If the Client seeks to use another provider for services covered by this Agreement, they must give Acorn 60 days’ written notice and an opportunity to resolve any service concerns within 30 days. Failure to do so may be considered a material breach and subject to early termination fees equal to three months’ average invoicing based on the previous six months.
Termination
Either party may terminate this Agreement by providing the other party with not less than three (3) months’ written notice.
This Agreement may also be terminated by either party, with immediate effect upon written notice, if the other party:
- Commits a material breach of this Agreement and fails to remedy the breach within thirty (30) days of receiving written notice of the breach;
- Is subject to insolvency proceedings, including winding up, administration, or receivership;
- Enters into any arrangement with creditors or otherwise ceases or threatens to cease trading;
- Takes or suffers any similar action due to debt under the laws of any jurisdiction.